Schedule. (2), The Alluvial Diamond Citation

FORM A. APPLICATION. FoRM B. (FRONT) PROSPECTING RIGHT. FoRM B. (BAcK). SALES CARD. ALLUVIAL DIAMOND MINING (PROSPECTING) RULES made by the Governor in Council under section 30. 1. These Rules may be cited as the Alluvial Diamond Mining (Prospecting) Rules. 2. (I) Subject to the provlSlons of the Alluvial Diamond Mining Ordinance, an Inspector of Mines or an Area Superintendent may, on receipt of an application in the Form A of the Schedule, and with the recommendation of the Tribal Authority, and the consent of the landholder and occupier of the area, grant an alluvial diamond prospecting right, in the Form B of the Schedule, to a native of Sierra Leone or to a native firm to prospect for alluvial diamonds within any area within a licensed alluvial diamond mining area, other than any area in respect of which an alluvial diamond mining licence has been issued: · Provided that no alluvial diamond prospecting right shall be granted under this rule unless such recommendation and consent shall include also a recommendation and consent to the grant of an alluvial diamond mining licence in respect of the same area to the same native of Sierra Leone or native firm should an application for such a licence be afterwards madein respect of that area. (2) An alluvial diamond prospecting right issued to a native firm under this rule ..shall indicate· the name of the person (hereinafter referred to as a Prospecting Manager) appointed by such native firm to conduct prospecting operations on its behalf and who has been approved for this purpose by the officer who issued the said right. Such Prospecting Manager shall for the purposes of these. rules and notwithstanding .any contractual relationship between himself and the native firm by whom he is employed, be the sole representative of his Prospecting Rules [Cap.198 ployer entitled to conduct prospecting operations in the em a to which the prospecting right relates, and shall at all ::~es when conducting prospecting operations, have in his1 0 sse~sion the prospecting right issued to the native firm by P horo he is employed and any reference to the holder in the ':1es hereinafter set out shall be deemed to refer, in the case r f a native firm, to the Prospecting Manager.0~ (3) An Inspector of Mines or Area Superintendent may in his absolute discretion refuse to grant an alluvial diamond prospecting right under this rule. (4) An alluvial diamond prospecting right shall not be ranted to any person who is apparently under the age of ~wenty-one years or is, in the opinion of the Inspector of Mines ~r Area Superintendent to whom application is made, not a fit and proper person to be granted an alluvial diamond prospecting right. (5) Any person aggrieved by the refusalot an Inspector of Mines or Area Superintendent to grant him an alluvial diamond prospecting right may appeal within fourteen days to the Chief Inspector of Mines and may, within ten days from the date of the decision of the Chief Inspector of Mines, appeal to the Minister against such decision. The decision of the Minister shall be final. (6} Before any alluvial diamond prospecting right is issued there shall be payable by the applicant a fee of ten shillings. (7) The Chief Inspector of Mines may by order in writing lilnit the number of alluvial diamond prospecting rights that may be granted for prospecting within any area specified in the order, and whilst such order is in force, no alluvial diamond prospecting right shall be granted for prospecting within that area beyond the number specified in the order. (8) The maximum number of current alluvial diamond prospecting rights which can be held at any one time by any one native of Sierra Leone or native firm is three. 3. (1) A buyer of diamonds from the holder of an alluvial Records of di d · · sales to be amon prospectmg nght shall enter on the back of such kept. ~lder's prospecting right at the time of the purchase the date !hereof, the number of stones bought, the weight thereof and e name of the buyer. , h (2) The holder of an alluvial diamond prospecting right s all hand the same to an Inspector of Mines, a . Warden or Conditions of alluvial diamond prospecting right. Cap. 196. Cap. 189. Area Superintendent within three days of the expiration thereof. 4. An alluvial diamond prospecting right- (a) shall not be transferable; (b) shall be valid for three months from the date of issue thereof; (c) shall not entitle the holder thereof to prospect for alluvial diamonds except within such area, not exceeding one thousand feet in length and four hundred feet in width, as may be demarcated by a Warden in the presence of th~ headman in such manner as the Warden may, in the circumstances, consider suitable; (d) shall not entitle the holder thereof to prospect- (i) within any Government station or on or under any land used for, or appropriated to, any public purpose without the consent in writing of the Governor in Council first obtained and subject to the conditions, if any, prescribed in such written consent; or (ii) on or under any ]and in respect of which there is in force any exclusive prospecting licence or any mining · right or mining lease granted for diamonds under the provisions of the Minerals Ordinance or in respect of which Sierra Leone Selection Trust Limited hold a sole and exclusive licence to explore for, exploit, produce, take, dispose of and market diamonds; or (iii) without the consent in writing of the Chief Conservator of Forests, within any Forest Reserve or Protected Forest constituted under the Forestry Ordinance; or (iv) on or under any land occupied by a town, village, market or buriR-1 ground, or on or under land habitually used or occupied for sacred or ceremonial purposes, or on or under land within one hundred yards of any Government or public building or works, or any market place, burial ground or place used or occupied for sacred or ceremonial purposes as aforesaid, or tramway or railway, without the consent in writing of the Governor in Council first obtained and subject to the conditions, if any, prescribed in such written consent; or (v) on or under any land within fifty yards of the centre line of any public road without the consent in writing of the Divisional Engineer of the Public Works Department who is responsible for the maintenance of such public road; Prospecting Rules [Cap. 198 (e) shall not entitle the holder thereof to dig pits in the area allocated thereunder, which are larger than ten feet wide by ten feet long, or which are nearer to each other than one hundred feet unless authorised in writing to do so by the Chief Inspector of Mines; (j) shall not entitle the bolder thereof to prospect for diamonds between the hours of seven o'clock in the evening and :five o'clock in the morning of the next succeeding day. 5 (1) The holder of an alluvial diamond prospecting right Hold er mfiay • . ~cyn shall not employ, whether on hiS own behalf or as the repre- persons. sentative of a native :firm, in the area in respect of which the right is issued (hereinafter called a prospecting area) more than :five persons to assist him in prospecting that area: Provided that if in the opinion of the Chief Inspector of Mines, additional labour is required, he may authorise in writing the number of persons to be increased up to a maximum of twenty. (2) The officer who issues an alluvial diamond prospecting right shall issue to the holder thereof :five medallions or tickets (hereinafter called tallies) each of which shall be marked with a serial number between one and :five. Each of the persons employed by the holder, whether on his own behalf or as the representative of a native :firm, shall carry one tally at all times when on the prospecting area in respect of which he is employed. (3) A tally shall remain the property of the Government and shall be returned to an Inspector of Mines, ·a Warden or Area Superintendent by the holder of an alluvial diamond prospecting right within three days of the expiration thereof. (4) Every person engaged in prospecting in any prospecting area shall produce on demand his alluvial diamond prospecting right or tally for that prospecting are·a, whenever required to do so by any Warden, Area Superintendent, Inspector of Mines, District Commissioner, or member of the Police Force. 6. The holder of an alluvial diamond prospecting right may s.urface enter upon and may do such things on or under the land in ~~~~~ O:r an respect of which the right was issued as may reasonably be a~uvial necessary to enable him to prospect for alluvial diamonds: :~~oe~~ing LE5~~tf.:};£[;{t~~:rf~~::~~1;t2t;l ri~· Sale of alluvial diamonds. Payment of compensation. Surface rent. Rehabilitation of land and safety. 7. (I) The holder of an alluvial diamond prospecting right shall not sell any alluvial diamonds found by him save in accordance with a permit issued by an Area Superintendent which shall set out- (a) the name of the holder of the alluvial diamond prospecting right and the number thereof; (b) the number, quantity and description of the alluvial diamonds in regard to which the permit is issued; (c) the holder of the alluvial diamond exporter's licence to whom the alluvial diamonds may be sold; and (d) the date of expiry of the permit, which shall not be more than one week from the date of issue. (2) The holder of an alluvial diamond prospecting right shall produce both his said right and tlie permit prescribed by paragraph (I) of this rule whenever he is selling any dia monds found while prospecting. 8. If the holder of an alluvial diamond prospecting right or any person employed by him shall in connection with his. prospecting wish to remove, destroy or damage any crops, he shall before so doing, report to the Headman and Warden who shall endeavour to negotiate an agreement between himself or · the native firm by which he is employed, as the case may be, and the owner of such crops as to the compensation to be paid for their removal, destruction or damage. If the holder of the right and the owner are unable to agree as to the compensation which should be paid, the Warde:ri shall take note of the crops and they may then be removed, destroyed or damaged pending· assessment of the amount of compensation by the area Superintendent or the District Commissioner. The decision of the Area Superintendent or District Commissioner who assesses the amount of compensation shall be final. 9. The native of Sierra Leone or native firm, to whom an alluvial diamond prospecting right is granted, shall pay in .advance a surface rent of six shillings for the duration of the right to the owner of all land occupied or used by him for or in connection with his prospecting under the right. 10. (I) The holder of an alluvial diamond prospecting right shall, before abandoning. the area of his right, fill to the original level of the ground all holes and other excavations made by him in the course of his prospecting on the area. Prospecting Rules [Cap. 198 (2) The holder of an alluvial diamond prospecting right hall take such measures as are necessary to prevent persons frolll inadvertently entering or falling into any excavation J)lade on t~e prospecting area in respect of which the prospecting right was Issued. 11. Sections 16 and 17 of the Alluvial Diamond Mining Ordinance shall apply mtttatis mutandis to prospecting under an alluvial diamond prospecting right. 12. (I) Any person who contravenes any of the provisions of rules 3, 4, 5, 6, 8, 9 or 10 shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding six months or to both such fine and such imprisonment. (2) Any person who contravenes any of the provisions of rule 7 shall be guilty of an offence and if not prosecuted in respect of such offence under section 18 of the Alluvial Diamond Mining Ordinance shall be liable, on summary conviction, to the penalties prescribed in paragraph (1) of this rule. :· .... ::::: f~\.}:-